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Welcome to the Executor Guide for BC, a free public resource provided by [http://www.heritagetrustcompany.ca/ Heritage Trust Company]. This is a living document, updated to December of 2017, that will evolve with British Columbia's law on estate planning and estate administration.
  
Consult the [//meta.wikimedia.org/wiki/Help:Contents User's Guide] for information on using the wiki software.
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The Estate and Trust Guide for BC is intended as a resource only and not as legal advice. It has been broken up into various sections so that you can easily navigate to the information that is relevant to your specific legal issue.
  
== Getting started ==
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== CONTENTS ==
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=== Chapter ===
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''' 1. [[ INTRODUCTION | Introduction]] '''
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* [[ INTRODUCTION#Bearing Witness to Clients' Journeys |  Bearing Witness to Clients' Journeys]] ·  [[ INTRODUCTION#Who Should Read This Wikibook | Who Should Read This Wikibook]]  ·  [[ INTRODUCTION#How to Use This Wikibook | How to Use This Wikibook]]  ·  [[ INTRODUCTION#Resources  | Resources]]  ·  [[ INTRODUCTION#Online Resources | Online Resources]]
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''' 2. [[ DEALING WITH GRIEF AND LOSS | Dealing with Grief and Loss ]] '''
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* [[ DEALING WITH GRIEF AND LOSS#Final Estate Planning | Final Estate Planning]] · [[ DEALING WITH GRIEF AND LOSS#Difficult Conversations | Difficult Conversations]] · [[ DEALING WITH GRIEF AND LOSS#Resources | Resources]] · [[ DEALING WITH GRIEF AND LOSS#Online and Phone Resources | Online and Phone Resources]] · [[ DEALING WITH GRIEF AND LOSS#Books | Books]] · [[ DEALING WITH GRIEF AND LOSS#Legislation | Legislation]] · [[ DEALING WITH GRIEF AND LOSS#Regulation and Forms | Regulation and Forms]]
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''' 3. [[ BRIEF LEGAL OVERVIEW | Brief Legal Overview ]] '''
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* [[ BRIEF LEGAL OVERVIEW#Wills, Estates and Succession Act | Wills, Estates and Succession Act]] · [[ BRIEF LEGAL OVERVIEW#Transition | Transition]] · [[ BRIEF LEGAL OVERVIEW#New Probate Rules | New Probate Rules]] · [[ BRIEF LEGAL OVERVIEW#Trusts | Trusts]] · [[ BRIEF LEGAL OVERVIEW#Inter Vivos Trust | Inter Vivos Trust]] · [[ BRIEF LEGAL OVERVIEW#Testamentary Trust | Testamentary Trust]] · [[ BRIEF LEGAL OVERVIEW#Constructive Trust | Constructive Trust]] · [[ BRIEF LEGAL OVERVIEW#Legal Basis of Constructive Trust | Legal Basis of Constructive Trust]] · [[ BRIEF LEGAL OVERVIEW#Dependants’ Relief | Dependants’ Relief]] · [[ BRIEF LEGAL OVERVIEW#Family Compensation Act | Family Compensation Act]] · [[ BRIEF LEGAL OVERVIEW#Estate Litigation | Estate Litigation]] · [[ BRIEF LEGAL OVERVIEW#Limitation Periods | Limitation Periods]] · [[ BRIEF LEGAL OVERVIEW#Fiduciary Duty | Fiduciary Duty]] · [[ BRIEF LEGAL OVERVIEW#Standard of Care | Standard of Care]] · [[ BRIEF LEGAL OVERVIEW#Devolution of Assets at Death | Devolution of Assets at Death]] · [[ BRIEF LEGAL OVERVIEW#Assets that Pass to Personal Representative by Will or Intestacy | Assets that Pass to Personal Representative by Will or Intestacy]] · [[ BRIEF LEGAL OVERVIEW#Assets that Do Not Pass to Personal Representative | Assets that Do Not Pass to Personal Representative]] · [[ BRIEF LEGAL OVERVIEW#Joint Tenancies | Joint Tenancies]] · [[ BRIEF LEGAL OVERVIEW#Life Insurance | Life Insurance]] · [[ BRIEF LEGAL OVERVIEW#Pensions and Registered Plans | Pensions and Registered Plans]] · [[ BRIEF LEGAL OVERVIEW#Others | Others]] · [[ BRIEF LEGAL OVERVIEW#Resources | Resources]] · [[ BRIEF LEGAL OVERVIEW#Online Resources | Online Resources]] · [[ BRIEF LEGAL OVERVIEW#Legislation | Legislation]] · [[ BRIEF LEGAL OVERVIEW#Regulation and Forms | Regulation and Forms]]
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''' 4. [[ AS DEATH APPROACHES | As Death Approaches ]] '''
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* [[ AS DEATH APPROACHES#Who's in Charge before Death? | Who's in Charge before Death?]] · [[ AS DEATH APPROACHES#Temporary Substitute Decision Maker (TSDM) | Temporary Substitute Decision Maker (TSDM)]] · [[ AS DEATH APPROACHES#Committee | Committee]] · [[ AS DEATH APPROACHES#Representation Agreements | Representation Agreements]] · [[ AS DEATH APPROACHES#Advance Directive | Advance Directive]] · [[ AS DEATH APPROACHES#A Representation Agreement and an Advance Directive | A Representation Agreement and an Advance Directive]] · [[ AS DEATH APPROACHES#Enduring Power of Attorney | Enduring Power of Attorney]] · [[ AS DEATH APPROACHES#Medical Assistance in Dying | Medical Assistance in Dying]] · [[ AS DEATH APPROACHES#Eligibility | Eligibility]] · [[ AS DEATH APPROACHES#Availability | Availability]] · [[ AS DEATH APPROACHES#Resources | Resources]] · [[ AS DEATH APPROACHES#Online Resources | Online Resources]] · [[ AS DEATH APPROACHES#Legislation | Legislation]] · [[ AS DEATH APPROACHES#Regulation and Forms | Regulation and Forms]]
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''' 5. [[ AFTER DEATH | After Death ]] '''
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* [[ AFTER DEATH#Who's in Charge After Death? | Who's in Charge After Death?]] · [[ AFTER DEATH#Identification of Personal Representative | Identification of Personal Representative]] · [[ AFTER DEATH#Executor | Executor]] · [[ AFTER DEATH#Administrator | Administrator]] · [[ AFTER DEATH#Grant of administration without will annexed | Grant of administration without will annexed]] · [[ AFTER DEATH#Grant of administration with will annexed | Grant of administration with will annexed]] · [[ AFTER DEATH#Co-Executors and Co-Administrators | Co-Executors and Co-Administrators]] · [[ AFTER DEATH#Agent for Executor | Agent for Executor]] · [[ AFTER DEATH#Public Guardian and Trustee | Public Guardian and Trustee]] · [[ AFTER DEATH#Deciding Whether to Act | Deciding Whether to Act]] · [[ AFTER DEATH#Duties of a Representative | Duties of a Representative]] · [[ AFTER DEATH#Renunciation | Renunciation]] · [[ AFTER DEATH#Reserving the Right to Apply for Probate | Reserving the Right to Apply for Probate]] · [[ AFTER DEATH#Get Organized | Get Organized]] · [[ AFTER DEATH#Flowchart | Flowchart]] · [[ AFTER DEATH#Checklist | Checklist]] · [[ AFTER DEATH#Files and Record Keeping | Files and Record Keeping]] · [[ AFTER DEATH#Immediate Tasks After Death | Immediate Tasks After Death]] · [[ AFTER DEATH#Contacting Family and Friends | Contacting Family and Friends]] · [[ AFTER DEATH#Organ Donation | Organ Donation]] · [[ AFTER DEATH#Autopsy | Autopsy]] · [[ AFTER DEATH#Choose a Funeral Director | Choose a Funeral Director]] · [[ AFTER DEATH#Medical Certificate of Death and Death Certificate | Medical Certificate of Death and Death Certificate]] · [[ AFTER DEATH#Burial or Cremation | Burial or Cremation]] · [[ AFTER DEATH#Writing the Death Notice or Obituary | Writing the Death Notice or Obituary]] · [[ AFTER DEATH#Funerals and Memorial Services | Funerals and Memorial Services]] · [[ AFTER DEATH#Payment of Funeral Service Costs and Other Immediate Bills | Payment of Funeral Service Costs and Other Immediate Bills]] · [[ AFTER DEATH#Secure Property and Valuables | Secure Property and Valuables]] · [[ AFTER DEATH#Guardianship of Minors | Guardianship of Minors]] · [[ AFTER DEATH#Pets | Pets]] · [[ AFTER DEATH#Locate Estate Planning Documents | Locate Estate Planning Documents]] · [[ AFTER DEATH#Other Immediate Tasks | Other Immediate Tasks]] · [[ AFTER DEATH#Review of Will(s) and Trusts, As Applicable | Review of Will(s) and Trusts, As Applicable]] · [[ AFTER DEATH#Wills | Wills]] · [[ AFTER DEATH#Multiple Wills | Multiple Wills]] · [[ AFTER DEATH#Inter Vivos Trusts | Inter Vivos Trusts]] · [[ AFTER DEATH#Alter Ego/Joint Partner | Alter Ego/Joint Partner]] · [[ AFTER DEATH#Other Inter Vivos Trusts | Other Inter Vivos Trusts]] · [[ AFTER DEATH#Intestacy | Intestacy]] · [[ AFTER DEATH#Full | Full]] · [[ AFTER DEATH#Partial | Partial]] · [[ AFTER DEATH#Identification of Beneficiaries | Identification of Beneficiaries]] · [[ AFTER DEATH#Failure to Notify | Failure to Notify]] · [[ AFTER DEATH#Adoption | Adoption]] · [[ AFTER DEATH#Inventory of Assets and Liabilities | Inventory of Assets and Liabilities]] · [[ AFTER DEATH#Content: List of Estate Assets and Liabilities | Content: List of Estate Assets and Liabilities]] · [[ AFTER DEATH#Form | Form]] · [[ AFTER DEATH#Valuation of Assets | Valuation of Assets]] · [[ AFTER DEATH#General Principles | General Principles]] · [[ AFTER DEATH#Relevant Date | Relevant Date]] · [[ AFTER DEATH#Using Appraisers | Using Appraisers]] · [[ AFTER DEATH#Types of Estate Property | Types of Estate Property]] · [[ AFTER DEATH#Real Estate | Real Estate]] · [[ AFTER DEATH#Land Title Act | Land Title Act]] · [[ AFTER DEATH#Spousal Home | Spousal Home]] · [[ AFTER DEATH#Personal Property | Personal Property]] · [[ AFTER DEATH#Accounts at Banks or Financial Institutions | Accounts at Banks or Financial Institutions]] · [[ AFTER DEATH#Investments | Investments]] · [[ AFTER DEATH#Debts and Liabilities | Debts and Liabilities]] · [[ AFTER DEATH#Safety Deposit Boxes | Safety Deposit Boxes]] · [[ AFTER DEATH#Foreign Assets | Foreign Assets]] · [[ AFTER DEATH#Other | Other]] · [[ AFTER DEATH#Creditors | Creditors]] · [[ AFTER DEATH#Types | Types]] · [[ AFTER DEATH#Liabilities of Estate | Liabilities of Estate]] · [[ AFTER DEATH#Of Deceased | Of Deceased]] · [[ AFTER DEATH#Family Law Claims | Family Law Claims]] · [[ AFTER DEATH#Relating to Death | Relating to Death]] · [[ AFTER DEATH#Incurred by Personal Representative | Incurred by Personal Representative]] · [[ AFTER DEATH#Of a Beneficiary | Of a Beneficiary]] · [[ AFTER DEATH#Claims Against Personal Representative | Claims Against Personal Representative]] · [[ AFTER DEATH#Statutory | Statutory]] · [[ AFTER DEATH#Common Law | Common Law]] · [[ AFTER DEATH#Procedures of Personal Representative | Procedures of Personal Representative]] · [[ AFTER DEATH#Searches | Searches]] · [[ AFTER DEATH#Advertising for Creditors | Advertising for Creditors]] · [[ AFTER DEATH#Defending Estate Against Creditors | Defending Estate Against Creditors]] · [[ AFTER DEATH#Cancellations and Notifications | Cancellations and Notifications]] · [[ AFTER DEATH#Claiming Life Insurance, Canada Pension Plan (CPP) Death Benefit and Other Benefits | Claiming Life Insurance, Canada Pension Plan (CPP) Death Benefit and Other Benefits]] · [[ AFTER DEATH#Insurance| Insurance]] · [[ AFTER DEATH#Annuities | Annuities]] · [[ AFTER DEATH#Canada Pension Plan | Canada Pension Plan]] · [[ AFTER DEATH#Old Age Security | Old Age Security]] · [[ AFTER DEATH#Application for an Estate Grant | Application for an Estate Grant]] · [[ AFTER DEATH#Required? | Required?]] · [[ AFTER DEATH#Small Estates | Small Estates]] · [[ AFTER DEATH#Application for Grant of Probate | Application for Grant of Probate]] · [[ AFTER DEATH#Application for Grant of Administration with Will Annexed | Application for Grant of Administration with Will Annexed]] · [[ AFTER DEATH#Application for Grant of Administration without Will Annexed | Application for Grant of Administration without Will Annexed]] · [[ AFTER DEATH#Disclosure Statement for Executors and Administrators | Disclosure Statement for Executors and Administrators]] · [[ AFTER DEATH#Filing the Documents | Filing the Documents]] · [[ AFTER DEATH#Proceedings Related to Estate Grants | Proceedings Related to Estate Grants]] · [[ AFTER DEATH#Steps to Prove a Will in Common Form | Steps to Prove a Will in Common Form]] · [[ AFTER DEATH#Steps to Prove a Will in Solemn Form | Steps to Prove a Will in Solemn Form]] · [[ AFTER DEATH#Notice of Dispute | Notice of Dispute]] · [[ AFTER DEATH#Citation| Citation]] · [[ AFTER DEATH#Curing Deficiencies | Curing Deficiencies]] · [[ AFTER DEATH#Rectification of Wills | Rectification of Wills]] · [[ AFTER DEATH#Application by Personal Representative for Advice and Directions | Application by Personal Representative for Advice and Directions]] · [[ AFTER DEATH#Removal of an Executor or Trustee | Removal of an Executor or Trustee]] · [[ AFTER DEATH#Revocation of an Estate Grant | Revocation of an Estate Grant]] · [[ AFTER DEATH#Probate Fees | Probate Fees]] · [[ AFTER DEATH#Taxes | Taxes]] · [[ AFTER DEATH#Role of Personal Representative | Role of Personal Representative]] · [[ AFTER DEATH#Income Tax Act | Income Tax Act]] · [[ AFTER DEATH#Filing Obligations | Filing Obligations]] · [[ AFTER DEATH#Capital Gains | Capital Gains]] · [[ AFTER DEATH#Clearance Certificate | Clearance Certificate]] · [[ AFTER DEATH#Non-Resident Beneficiaries | Non-Resident Beneficiaries]] · [[ AFTER DEATH#Deceased Taxpayers: Required and Elective Returns | Deceased Taxpayers: Required and Elective Returns]] · [[ AFTER DEATH#Final T1 Return | Final T1 Return]] · [[ AFTER DEATH#Elective Return for Rights or Things | Elective Return for Rights or Things]] · [[ AFTER DEATH#Elective Return for Income from a Trust Plan | Elective Return for Income from a Trust Plan]] · [[ AFTER DEATH#Elective Return for Partnership and Proprietorship Income | Elective Return for Partnership and Proprietorship Income]] · [[ AFTER DEATH#Prior Years' Returns | Prior Years' Returns]] · [[ AFTER DEATH#Transfer of Assets and Distribution of Estate | Transfer of Assets and Distribution of Estate]] · [[ AFTER DEATH#Types of Gifts | Types of Gifts]] · [[ AFTER DEATH#Life Estate | Life Estate]] · [[ AFTER DEATH#Failed Gifts | Failed Gifts]] · [[ AFTER DEATH#Survivorship and Lapse | Survivorship and Lapse]] · [[ AFTER DEATH#Ademption | Ademption]] · [[ AFTER DEATH#Invalid for Duress or Undue Influence | Invalid for Duress or Undue Influence]] · [[ AFTER DEATH#Uncertainty | Uncertainty]] · [[ AFTER DEATH#Revocation | Revocation]] · [[ AFTER DEATH#Executor’s Year | Executor’s Year]] · [[ AFTER DEATH#Accounts | Accounts]] · [[ AFTER DEATH#Duty to Account | Duty to Account]] · [[ AFTER DEATH#Time Period | Time Period]] · [[ AFTER DEATH#Form | Form]] · [[ AFTER DEATH#Record Keeping | Record Keeping]] · [[ AFTER DEATH#Approval and Releases | Approval and Releases]] · [[ AFTER DEATH#Application for Passing of Accounts | Application for Passing of Accounts]] · [[ AFTER DEATH#Discharge of Personal Representative | Discharge of Personal Representative]] · [[ AFTER DEATH#Without Court Order | Without Court Order]] · [[ AFTER DEATH#With Court Order | With Court Order]] · [[ AFTER DEATH#Remuneration | Remuneration]] · [[ AFTER DEATH#Personal Representatives and Trustees | Personal Representatives and Trustees]] · [[ AFTER DEATH#Entitlement | Entitlement]] · [[ AFTER DEATH#Amount | Amount]] · [[ AFTER DEATH#Procedure | Procedure]] · [[ AFTER DEATH#Lawyers | Lawyers]] · [[ AFTER DEATH#Insolvent Estates | Insolvent Estates]] · [[ AFTER DEATH#Estates of First Nations Persons | Estates of First Nations Persons]] · [[ AFTER DEATH#Bringing a Foreign Grant into BC| Bringing a Foreign Grant into BC]] · [[ AFTER DEATH#Wills Variation Claims | Wills Variation Claims]] · [[ AFTER DEATH#Closing Matters | Closing Matters]] · [[ AFTER DEATH#Resources | Resources]] · [[ AFTER DEATH#Online Resources | Online Resources]] · [[ AFTER DEATH#Legislation | Legislation]] · [[ AFTER DEATH#Regulation and Forms | Regulation and Forms]]
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''' 6. [[ TERMS AND DEFINITIONS | Terms and Definitions ]] '''
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== EDITORS ==
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{| style="font-size:85%; border: 1px;"
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|[[File:Nicole.jpg|border|x125px|link=Nicole Garton]]<br /><div class="center">[[Nicole Garton]]</div>
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|}

Latest revision as of 05:48, 30 October 2018

Welcome to the Executor Guide for BC, a free public resource provided by Heritage Trust Company. This is a living document, updated to December of 2017, that will evolve with British Columbia's law on estate planning and estate administration.

The Estate and Trust Guide for BC is intended as a resource only and not as legal advice. It has been broken up into various sections so that you can easily navigate to the information that is relevant to your specific legal issue.

CONTENTS

Chapter

1. Introduction

2. Dealing with Grief and Loss

3. Brief Legal Overview

4. As Death Approaches

5. After Death

6. Terms and Definitions


EDITORS

Nicole.jpg